Asked in Real Estate Law for Michigan

Q: Can a tenant in common force the sale of the entire property to get their share of the property value?

We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?

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3 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: It is possible to seek a partition of the land in court. A full description of the process is not possible. You should consult an attorney.

Kenneth V Zichi agrees with this answer

1 user found this answer helpful

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Howell, MI
  • Licensed in Michigan

A: Mr Morris is correct and BOY is his statement that "A full description of the process is not possible" an understatement!

BRIEFLY, tenants in common are treated differently than joint tenants with rights of survivorship or tenants by the entireties. Each of those forms of 'joint' ownership have their own plusses and minuses, and you need to understand what you have before you go much further.

THAT SAID, partition is a very expensive and divisive sort of lawsuit and is rarely the 'best' way to resolve disputes and if someone is suggesting they want to be bought out, negotiation is almost ALWAYS the better course. Hire a local real estate attorney to help you get to yes in this process. You'll all be better off!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: Tenants in common can compel a sale of a co -owned property through a legal action called "partition." In most circumstances, joint tenancies, on the other hand, courts cannot compel parties to sell their property.

This is why it is so important to have an attorney review the 'magic legal language" when creating a deed so there is no far reaching legal consequences that one lives to regret at a later date.

For more information visit: www.ProvenResource.com

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